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ARMSTEAD v. STARKVILLE MUNICIPAL SEPARATE SCH. DIST.

No. EC 70-51-S.

325 F.Supp. 560 (1971)

Bernice ARMSTEAD et al., Plaintiffs, v. STARKVILLE MUNICIPAL SEPARATE SCHOOL DISTRICT et al., Defendants.

United States District Court, N. D. Mississippi, E. D.

April 7, 1971.

Attorney(s) appearing for the Case

Thomas H. Freeland, III, and G. A. Gafford, of Freeland & Gafford, Oxford, Miss., Stephen J. Pollak, David Booth Beers, and Kenneth L. Penegar, of Shea & Gardner, Washington, D. C., David Rubin, National Ed. Ass'n of the U. S., Washington, D. C., for plaintiffs.

William Q. McKee, and Edward McDowell, of McKee & McDowell, Starkville, Miss., Thomas J. Tubb, of Tubb & Stevens, West Point, Miss., A. F. Summers, Atty. Gen. of Miss., Jackson, Miss., for defendants.

MEMORANDUM OPINION

ORMA R. SMITH, District Judge.

The amended complaint for declaratory and injunctive relief filed in this action contains four counts. By agreement of the parties and with consent of the court Count I was severed from Counts II, III and IV for separate hearing and determination. The hearings on Count I have been concluded. After the submission of proposed findings of fact and conclusions of law by the parties, the issues involved in Count...

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